Legal Opinion
Rochester Gas & Elec. Corp. v. PUB. SERV. COMM'N OF THE STATE OF NEW YORK
New York Court of Appeals
Decided October 14, 1980PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The determination appealed from and the order of the Appellate División brought up for review should be affirmed, with costs.
On this appeal, petitioner utility asserts that it has a First Amendment right to have its ratepayers bear the expense of certain informational advertising which the Public Service Commission has found to be unnecessary to the furnishing of utility services. We disagree.
There is no doubt that petitioner’s expressional activity is entitled to First Amendment protection (see, e.g., Central Hudson Gas & Elec. Corp. v Public Serv. Comm. of N.…
2Cases cited5 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Harris v. McRaeSupreme Court of the United States · 1980
- Abood v. Detroit Board of EducationSupreme Court of the United States · 1977
- Norwood v. HarrisonSupreme Court of the United States · 1973
- New York State Council of Retail Merchants, Inc. v. Public Service CommissionNew York Court of Appeals · 1978
3Cited by17 opinions
- Long Island Lighting Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1987
- Brooklyn Union Gas Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1984
- Consolidated Edison Co. of New York, Inc. v. Public Service CommissionNew York Court of Appeals · 1985
- Cahill v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1986
- Cohalan v. GioiaAppellate Division of the Supreme Court of the State of New York · 1982
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